Kamlesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1663 MP

                            Cr.A. No.758/2020                                                        1




                               THE HIGH COURT OF MADHYA PRADESH
                                                       Cr.A. No.758/2020
                                                (KAMLESH Vs THE STATE OF MADHYA PRADESH)


                            Indore, Dated: 29/04/2021
                                   Heard through Video Conferencing.
                                   Shri S.S. Nahar, learned counsel for the appellant.

                                   Shri Sudhanshu Vyas, learned Panel Lawyer for the
                            respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on IA No.592/2020, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by the Special Judge (POCSO Act), District Ratlam (MP) in Special Spl. Case No.31/2017 vide judgment dated 23/12/2019, as under: -

Conviction Sentence Fine Imprisonment in under Sec. amount lieu of fine 5(l)/6 of POCSO Act, 2012 10 years R.I. Rs.2000/- 6 months R.I 366 of IPC, 1860. 3 years R.I. Rs.1000/- 3 months R.I

Learned counsel for the appellant has submitted that the appellant was on bail and he did not misuse the liberty so granted to him. There are fair chances of success of this appeal and there is no likelihood of hearing of the appeal in near future as at present most urgent matters are listed before this Court on account of Covid-19 pandemic and if the custodial sentence of the appellant is not suspended then the appeal filed by them may turn infructuous. Under these circumstances, looking to the short sentence imposed on the appellant learned counsel for the appellant prays for suspension of remaining custodial sentence and grant of bail to the appellant.

Digitally signed by SUMATHI JAGADEESAN Date: 2021.04.30 11:32:00 +05'30'

On the other hand, learned counsel for the State/respondent opposed the prayer and prayed for rejection of the application.

Considering the rival submissions made on behalf of the parties, taking note of the statement of prosecutrix (P.W.3) as also the fact the appellant has already spent around 3 years in custody, the final conclusion of the appeal is likely to take sufficiently long time in the wake of fresh spread of Covid-19, it would be appropriate to suspend the jail sentence of the appellant this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.592/2020 is allowed and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his /her regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his / her presence before the concerned trial Court on 03/08/2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

List in due course.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE sumathi

Digitally signed by SUMATHI JAGADEESAN Date: 2021.04.30 11:32:19 +05'30'